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Agenda 06/24/2014 Item #16K36/24/2014 16.K.3. EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $3,500 for all costs associated with the taking of Parcel 134TDRE for the construction of Oil Well Road (Project No. 60044) in the case styled Collier County v Christopher Link, et al., Case No. 07- 4218-CA. (Fiscal Impact: $3,570) OBJECTIVE: To settle the compensation due for the taking of Parcel 134TDRE in the case styled Collier County v. Christopher Link, et al. CONSIDERATIONS: On January 9, 2008, an Order of Taking was entered and $100 was deposited for the taking of Parcel 134TDRE, which was required for the improvement to Oil Well Road, Project No. 60044. The owners were concerned with the construction plans for the rebuild of their driveway. County staff agreed to the widening of their driveway apron beyond what was originally contemplated in the construction plans to provide for adequate ingress and egress onto their property. In succeeding with obtaining a redesign of the project to suit his clients' needs, opposing counsel would have been entitled to attorney's fees for what is called a "non- monetary benefit" under Section 73.092(1)(b), Florida Statutes. The County is also required to compensate all experts employed by the property owners. Staff is recommending a counteroffer of $3,500, for all costs associated with the taking of Parcel 134TDRE, including all attorney's fees and costs and experts' fees pursuant to Sections 73.091 and 73.092. The cost to the County if the counteroffer is accepted is summarized as below: Additional Funds Owed: $3,400 Clerk's Deposit Fee: $170 Total: $3,570 Considering the cost of going to trial, the County Attorney's Office and Staff are recommending this counteroffer in order to settle all claims associated with the taking of Parcel 134TDRE. FISCAL IMPACT: Funds in the amount of $3,570 are available in Transportation gas taxes and /or impact fees. Project: Oil Well Road Segment 1. Operating and maintenance costs were considered when the construction contract was brought before the Board for approval. LEGAL CONSIDERATIONS: This item has been approved as to fonn and legality and requires majority vote for approval. — ERP RECOMMENDATION: That the Board of County Commissioners approve a Stipulated Final Judgment in the amount of $3,500 as full and final compensation, including all claims of severance damages, attorney fees and all other costs associated with the taking of Parcel 134TDRE for the construction of the improvements to Oil Well Road (Project No. 60044). Prepared by: Emily R. Pepin, Assistant County Attorney 07- 4218- CA/828 Packet Page -2032- 6/24/2014 16.K.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16. K. 16. K. 3. Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $3,500 for all costs associated with the taking of Parcel 134TDRE for the construction of Oil Well Road (Project No. 60044) in the case styled Collier County v. Christopher Link, et al., Case No. 07- 4218 -CA. (Fiscal Impact: $3,570) Meeting Date: 6/24/2014 Prepared By Name: CrotteauKathynell Title: Legal Secretary, CAO Office Administration 6/9/2014 4:29:27 PM Approved By Name: TaylorLisa Title: Management/Budget Analyst, Transportation Administration Date: 6/12/2014 10:24:33 AM Name: ShueGene Title: Director - Operations Support, Transportation Administration Date: 6/12/2014 12:13:57 PM Name: HendricksKevin Title: Manager - Right of Way, Transportation Engineering & Construction Management Date: 6/12/2014 2:59:20 PM Name: KearnsAllison Title: Manager Financial & Operational Support, Transportation Administration Date: 6/12/2014 3:58:28 PM Name: AhmadJay Title: Director - Transportation Engineering, Transportation Engineering & Construction Management Date: 6/16/2014 10:53:20 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Packet Page -2033- Date: 6/16/2014 11:25:07 AM Name: MarcellaJeanne 6/24/2014 16. K. 3. Title: Executive Secretary, Transportation Planning Date: 6/16/2014 11:39:14 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/16/2014 1:13:10 PM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 6/16/2014 1:51:48 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 6/16/2014 2:25:56 PM Packet Page -2034- 6/24/2014 16.K.3. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, V. CHRISTOPHER LINK, et al., Respondents. Case No. 07- 4218 -CA Parcel(s): 134TDRE JOINT MOTION FOR STIPULATED FINAL JUDGMENT The parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 134TDRE attached hereto at Exhibit "A ". Dated:- Dated: _,.�, .._ EMILY R PEPIN, ESQUIRE Florida Bar No.3�9i36' -7 ` ` qq Florida Bar No. 92956 BROAD AND CASSEL COLLIER COUNTY ATTORNEY'S OFFICE P.O. Drawer 11300 3299 Tamiami Trail East, Suite 800 Tallahassee, Florida 32302 Telephone: (239) 252 -8400 Telephone: (850) 681 -6810 emilypepin@collier og v.net _ m kathynellcrotteau (a- )colliergov.net ATTORNEY FOR RESPONDENTS , nancybradleypa collier ov.net l�oz^^�� Ztas� •+mot C �^- ATTORNEY FOR PETITIONER COLLIER COUNTY, FLORIDA Packet Page -203S- 6/24/2014 16.K.3. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the Clerk of Court, using the Florida Courts E- Filing Portal, and that a true and correct copy was furnished via Electronic Mail and/or U.S. Mail this day of , 2014 to all parties listed on the attached Service List as indicated. Via Email Jack W. Craft, Jr. James Craft c/o Charles S. Stratton, P.A. Gino Luzietti, Esq. Broad & Cassel P.O. Drawer 11300 Tallahassee, FL 32302 cstrattonna broadandcassel.com ;luzietti@broadandcassel.com Via Regular US Mail David R. Kading 8680 S. Forest Drive Highlands Ranch, CO 80126 Via Regular US Mail Gregory J. Kading 8680 S. Forest Drive Highlands Ranch, CO 80126 07- 4218- CA/825 EMILY R. PEPIN, ESQUIRE 2 Packet Page -2036- 6/24/2014 16.K.3. EXHIBIT A IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 07- 4218 -CA V. CHRISTOPHER LINK, et al., Parcel(s): 134TDRE Respondents. STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, JACK CRAFT, JR and JAMES CRAFT, by and through their undersigned counsel for entry of a Stipulated Final Judgment as to Parcel 134TDRE, and it appearing to the Court that the parties are authorized to make such motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that: 1. Respondents have and recover from the Petitioner, COLLIER COUNTY, FLORIDA, the sum of Three Thousand Five Hundred and No /100 Dollars ($3,500.00) inclusive of full compensation, statutory interest, all attorney fees, except attorney's fees for apportionment, including compensation for all non - monetary benefits to the Respondents, business damages, and expert fees and costs in connection with said parcel. 2. Except as provided herein, no additional fees or costs shall be awarded to Respondents. 3. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the amount of One Hundred and No /100 Dollars ($100.00) which was deposited into the registry of the clerk of the Circuit Court pursuant to and Order of Taking dated January 9, 2008. 1 Packet Page -2037- 6!24/2014 16.K.3.1 4. Within thirty (30) days, Petitioner COLLIER COUNTY, FLORIDA, shall deposit an additional Three Thousand Four Hundred and No /100 Dollars ($3,400.00) into the registry of the Court. 5. Title to Parcel 134TDRE, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated January 9, 2008 and the deposit of money heretofore made, is approved, ratified, and confirmed. 6. The Notice of Lis Pendens filed in this action and recorded in Official Record Book 4300, Page 2512, et seq., of the Public Records of Collier County, Florida is dismissed as to Parcel 134TDRE. 7. This Court reserves jurisdiction for apportionment of the funds on deposit, attorney's fees relating to apportionment and to enforce the terms of this Final Judgment. 8. This Final Judgment is to be recorded in the Official Records of Collier County, Florida. IT IS THEREFORE DONE AND ORDERED in Chambers in Naples, Collier County, Florida this day of Conformed Copies to: Emily R. Pepin, Esquire Gino Luzietti, Esquire Jack Craft, Jr., Owner James Craft, Owner Kevin Hendricks, Transportation ROW Acquisition Manager Bookkeeping 0711218- CA/824 2014. HONORABLE LAUREN L. BRODIE CIRCUIT COURT JUDGE 2 Packet Page -2038- 6/24/2014 16.K.1 EXHIBIT,_ Page"_ _ of_ LEGAL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 134 TDRE (This Is not a Field Survey) DESCRIPTION The East 35.0 feet of the West 167.0 feet of the North 15.0 feet of Tract 97A, Golden Gate Estates, Unit No. 64, as recorded In Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 540.0 square feet, more or less. N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. OIL WELL RD. (C.R. 858) LEGAL DESCRIPTION AND SKErC H PREPARED BY M014NLORE£D, PA STATE OF FLORIDA CERTIFICATE OF AVTHORIZ MON No, LB e58e. CLIENr; COLLIER CO. CFI?.M>-nt I PROJECT: OIL WELL ROAD (100, R" EXISTING RIGHT -OF -WAY LINE S 8931'10" E 330.0' GATE: APTTL t6, 2007 131.0' 15.0' J�� 15.0' -yt�� 8241 ARO WAY FORT 2 ` -" TEMPORARY DRNNO LO RESTORATION EASEMENT N i PJRATIQN- 3 YEAR$ • ,po- N N TEMPORARY DRIVEWAY RESTORATION EASEMENT NOT TO SCALE w NO, 134 TDRE o (540.Ot SQUARE FEET) o m O TRACT 97A M o z In N 89'40'50" W 330.0' BEARINGS AND DIMENSIONS SHOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. J Packet Page -2039- SHEET 1 OF 1 LEGAL DESCRIPTION AND SKErC H PREPARED BY M014NLORE£D, PA STATE OF FLORIDA CERTIFICATE OF AVTHORIZ MON No, LB e58e. CLIENr; COLLIER CO. CFI?.M>-nt I PROJECT: OIL WELL ROAD JEFFAEYM, VILL, - PROFMIONALSLIWE(OR AND VAPPER STATE OF FLDRIDA REGISTRATION LICENSE No. LS 8350 GATE: APTTL t6, 2007 -yt�� 8241 ARO WAY FORT 2 ` -" Cam' ,1� �^y,'.��- y�� 8875 Fox (239) 76.70 NVM4 C.LWL.tL PHONE: (230) 276.5878 F�fc (23� 2767028 FLORIDA 0ERTVW kTE OF AVTHOARATION No. LS 6688 INTERNET aM' HTTP:jMWYV.MOWCREED-OOM J Packet Page -2039- 77 (D r+ VY (D N 0 1p 0 --.k CY) W n 4BP 1J0 2j, 2N 2J5 PO� 1J6 237 1j6 TT9 z - - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- 430 uv OL 1*1L M10 L ]75 11EM 800K OIL WELL ROAD 4/11 HOLE MONTES Fr— Way apW. FL 34110 912S+20 FWOCe fk. .f ASBUILT SURVEY A-2165 0 --.k CY) W